Nelson Walker, and Fair Housing Foundation of Long Beach, Counter-Claimant-Appellant v. City of Lakewood, a California Municipality

ORDER DENYING PETITION FOR REHEARING/AMENDING OPINION AND AMENDED OPINION

ORDER

The panel has voted unanimously to deny Defendant and Appellee City of Lakewood’s petition for rehearing. Judges Silverman and Paez have voted to deny the petition for rehearing en banc, and Judge Noonan so recommends.

The full court has been been advised of the petition for rehearing en banc and no judge of the court has requested a vote on it. Fed. R.App. P. 35(b).

The petition for rehearing and rehearing en banc is DENIED.

The opinion filed August 31, 2001, is hereby AMENDED as follows:

OPINION

This case presents the question of when an independent fair housing services provider engaged in advocacy efforts may sue the city with whom it contracts for retaliating against the provider in response to that advocacy. We hold that, as a general matter, retaliation against independent providers can be actionable under the federal Fair Housing Act, 42 U.S.C. § 3617 , and the California Fair Employment and Housing Act, Cal. Gov’t Code § 12955.7, and that, in this case, the Fair Housing Foundation of Long Beach’s claims should have survived summary judgment. We remand those retaliation claims to the…